Dawkins & Gowens Law FirmOklahoma City Personal Injury Attorneys | Workers' Compensation2024-03-14T18:17:42Zhttps://www.dawkinslawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1303627/2021/02/cropped-Dawkins-Gowens-Law-Firm-fav-icon-32x32.jpgOn Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491342024-03-14T18:17:42Z2024-03-14T18:17:42ZWrong-way accidents, where a driver gets turned around and proceeds down a road or highway against traffic, are not that common – but they are incredibly deadly.
In 2019 (the last statistics available), 17 wrong-way crashes caused 24 deaths and an untold number of other injuries. Worse, wrong-way crashes are on the rise, increasing 34% over the period from just 2010 to 2014.What’s causing the problem? It’s a multitude of issues:
1. Impaired driving
One of the biggest causes of wrong-way accidents is impaired driving, primarily due to alcohol or drug consumption. Drivers under the influence of either drugs or alcohol may have impaired judgment, reduced coordination and diminished cognitive abilities, making it more likely for them to confuse exit ramps with on-ramps.
2. Confusing roadway designs
It’s no coincidence that most wrong-way crashes happen at night. Inadequate or confusing roadway design is another significant factor contributing to wrong-way accidents. Poorly marked exit ramps, insufficient signage and jumbled interchanges can disorient drivers, leading them to enter roadways in the wrong direction inadvertently. This is especially true at night or in low light when the existing signs are unclear, and when drivers are on unfamiliar roads.
3. Elderly divers
Elderly drivers may be more prone to wrong-way accidents, often due to factors such as declining cognitive abilities, impaired vision and slowed reflexes that lead to confusion while navigating complex road systems. Conditions like dementia or certain medications can impair a driver’s ability to comprehend traffic signs and navigate roads safely.Ultimately, you can do very little to control these factors – but you can be alert to the problem and know how to respond if you encounter a wrong-way driver. Pull over as far to the right as possible and call the police to alert them to the problem once you’re safe. If you are in a wreck, find out more about your legal options for compensation.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491292024-03-05T16:25:00Z2024-03-05T16:25:00Zairbag deploying can cause injuries if passengers are too close or not properly positioned. Defective airbags can also cause injury. Understanding these risks and benefits is crucial for all vehicle occupants.
Benefits of airbags
Airbags provide a significant layer of protection in crashes, cushioning the blow and reducing the risk of fatal injuries. The National Highway Traffic Safety Administration (NHTSA) underscores their effectiveness, particularly in frontal collisions, by preventing passengers from striking the vehicle's interior or being ejected.
Side-impact airbags have been developed to offer additional protection against side collisions, inflating rapidly due to the lesser space between passengers and the impact point, thus enhancing occupant safety in a broader range of accident scenarios.
Risks associated with airbags
Airbag deployment force can lead to injuries, particularly if occupants are seated too close or improperly positioned during a crash. The historical recall of millions of vehicles equipped with Takata airbags due to a defect causing them to explode and project shrapnel illustrates the potential dangers.
Airbags aren’t designed to deploy in all crash types, leading to possible misconceptions about their protective capabilities. Recognizing these risks is essential for taking preventive measures, such as maintaining proper seating positions and staying informed about vehicle recalls.
Victims who are harmed by defective airbags may opt to pursue a claim for compensation from the airbag manufacturer. Those harmed in a crash caused by a negligent driver may seek compensation from that driver. Time limits apply to these cases, so swift action is critical.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491272024-02-19T20:15:43Z2024-02-19T20:15:43ZIf you are involved in a car crash, there is a one in three chance that it’s a rear-end collision. These crashes account for nearly 30 percent of the car accidents on American roads. If you are involved in a rear-end crash that is not your fault, you may be eligible for financial restitution from the liable party. To win your claim, however, you must show that the defendant was at fault. But this is often easier said than done. So, how is fault determined in a rear-end crash?
Establishing fault in rear-end collisions
As a rule, every motorist is required to keep a safe distance from the vehicle in front. As such, the driver who rear-ends the leading car is most often at fault to some extent. Of course, a safe distance is determined by a number of factors, like road conditions and vehicle speeds. That said, every motorist has a duty to drive safely. This means that the rear-ended vehicle can also be at fault under certain circumstances, such as:
When they abruptly brake for no valid reason
When, during an emergency like a flat tire, they fail to pull over or turn on their hazard lights
When they operate a mechanically faulty vehicle
Basically, these show that the lead vehicle failed in their duty of care to operate the vehicle safely.
Modified comparative negligence and rear-end collisions
Oklahoma is a modified comparative negligence state. This means that the plaintiff’s damages are reduced based on their contribution to the accident in question. For instance, if you were the leading car, and it is established that you were 40 percent at fault (because you operated a car with faulty brake lights, for instance), then your damages will be reduced by this percentage. And if you were in the rear car, and it is established that you were following too closely or were distracted leading to the crash, then your damages will be reduced based on the judge’s assessment of your contribution. If you contributed 50 percent or more, then you will not be entitled to compensation. Establishing fault after a rear-end crash is never straightforward. Find out how proper legal counsel can help you safeguard your rights and interests while filing your car accident claim following a rear-end crash.
]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491242024-02-04T23:22:07Z2024-02-04T23:22:07ZResponsible drivers move out of the way when a police car, fire truck, ambulance or other vehicle carrying first responders has its lights and sirens on or when they see these vehicles along the side of the road attending to a crash or other emergency. They also slow down and take extra care when entering a highway work zone. Unfortunately, everyone is not so conscientious.
That’s why this past November, Oklahoma made some changes to its “Move Over” law. The law already required drivers to decrease their speed and, if possible, change lanes, when they encounter any emergency or maintenance vehicle with its lights flashing on the side of the road or any vehicle with its hazard light on. Now the fines for not doing so are even higher. A first citation is $1,000. A second one is $2,500.
A mandatory part of driver’s ed
At the same time as the increased fines took effect, Oklahoma became the first state in the U.S. to require teens who are learning to drive to take a special online class called Oklahoma Work Zone Safe and First Responder Safety in order to obtain their intermediate driver’s license. This course should help young drivers learn the importance of providing plenty of space for first responders and maintenance workers who have to be on or near a busy highway. According to the Oklahoma Department of Transportation, over 100 drivers still in their teens have been killed in work zone crashes in the past five years on state highways and turnpikes.Careless drivers who don’t take appropriate precautions in these situations endanger the safety of other drivers as well as those in emergency or maintenance and construction jobs. By slowing down and/or moving over before they have no choice, drivers are less likely to make sudden, unsafe moves that can cause multiple or multi-vehicle crashes.If you or a loved one has been injured or worse by one of these drivers, you can and should hold them accountable so that you get the maximum possible compensation to deal with medical bills and other expenses and damages. Getting legal guidance as soon as possible can help you do this. ]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491232024-01-19T19:12:57Z2024-01-19T19:12:57ZIt often seems like the rural roads in Oklahoma would be safer. They tend to have excellent visibility, and you may often find yourself driving alone on a wide-open road where it feels like there’s a very low risk of getting into an accident. This is much different than driving in the city, around thousands of other drivers and on confusing road systems, where it feels like an accident could happen in a split second.
And it is true that fatal car accidents happen both in urban areas and or rural roads. In fact, the number of fatal crashes each year is roughly split between these two geographical areas. However, rural roads are still more dangerous.
Fatal accident rates
To identify this risk level, researchers looked at the fatal accident rates. They are almost always higher on rural roads because there are much lower traffic levels. If you see far fewer drivers on a rural road, but the same number of fatal car crashes as you have in the city, you can tell that something is influencing the statistics.A big part of this issue is just the speed limits on those roads. In the city, many drivers have to travel at 25 or 35 miles an hour. On a rural road, they’re more likely to be driving 55 or 60 mph. Accidents at higher speeds are more likely to be fatal, meeting that a much higher percentage of rural crashes lead to fatal injuries.
Have you lost a loved one?
You may have lost a loved one in a fatal accident that was caused by another negligent driver. If so, you and your family need to know how to seek financial compensation for funeral costs, medical bills, lost earnings and much more.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491222024-01-11T02:52:46Z2024-01-11T02:52:46ZPremium increases are likely
If someone is at fault for a crash and the other party files a significant insurance claim, the driver at fault for the wreck can anticipate a significant increase in their insurance premium. However, if someone must use their own uninsured motorist coverage, they likely are not the party at fault for the wreck.
They might assume that they could file a claim without increased insurance costs, but that typically is not the case. The unfortunate truth is that an uninsured motorist claim after it crash typically increases what people pay for insurance. On average, people may see their annual premium increase by $98. However, the extent of the claim and the type of coverage someone has may influence how much their premium increases as each case is unique.
The other driver is still liable
Even if someone does not have the insurance required by state law, they are typically still liable for any crash that they cause. The other people affected by the collision may have grounds for a personal injury lawsuit when the party at fault for the wreck cannot provide adequate insurance coverage.
People should not have to accept the losses another driver causes through irresponsible conduct, including increased insurance costs. Knowing the potential impact that a crash might have on someone's life could help them choose the best path forward after a collision.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491212024-01-04T15:31:47Z2024-01-04T15:31:47ZImmediately after a car accident, your emotions may be running high. It may only feel natural to express your sympathy for the other driver with a heartfelt, “I’m so sorry!”
Don’t do it. Even if you only mean to convey the idea that you’re sorry the accident happened, you should never apologize after a wreck.
Your words could be turned against you
Apologizing can be seen as an admission of guilt. It may certainly seem that way to the other driver, and their insurance company may interpret an apology as an acknowledgment of responsibility. That could make it much harder for you to press a claim for your losses in the future, especially in a state like Oklahoma. Here, the rules of contributory negligence say that you cannot recover for your injuries and losses against another party if you are more culpable for the wreck than they are. Even if you are found to be less responsible for the crash than the other driver, anything you’re entitled to recover can be reduced in proportion to your share of the fault. That means that if you’re 45% responsible for a wreck that caused you $100,000 in losses, you would only receive $65,000 in compensation.What should you do instead? Focus on the other driver’s well-being, instead. It’s much safer – and more useful – to ask the other driver, “Are you okay? Do you need an ambulance?” That still conveys your concern without accepting blame.If you’re injured in a wreck that was caused by another driver’s mistakes, it can be next to impossible to get a fair settlement on your own. Obtaining experienced legal guidance can help protect your interests.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491192023-12-23T15:50:46Z2023-12-23T15:50:46Zone out of every five people in this country will be 65 years of age or older – and many of them will still be driving.
Unfortunately, age has a way of affecting a lot of different skills, and driving is one of them. Senior drivers may be uniquely prone to getting into serious accidents for a multitude of reasons.
Reduced visual acuity
When people age, their eyes undergo numerous changes that can affect their visual acuity, depth perception and contrast sensitivity. That can make it difficult for them to judge distances between their vehicle and other vehicles and leave them prone to mistakes.
Impaired night vision
Aging also causes a decline in people’s ability to adapt to lower levels of light. This means that the older a driver gets, the more they may find it challenging to see clearly in the dark or adjust to changes in light during bad weather.
Increased sensitivity to glare
Older people are prone to cataracts and astigmatisms that can both increase with time, and that can make it very difficult to see through the glare or “halo” effect they see around headlights and streetlights, making night driving even more hazardous.
Slower reaction times
Aging also does some damage to most people’s reflexes. Slower reflexes mean that an older driver may need more time to respond to hazards in the road, and they don’t always have it.
More medical conditions
Even relatively healthy seniors may find themselves taking more medications over time, and some of those medications may cause them to be dizzy, distractible or drowsy. That can make it harder for them to stay focused behind the wheel.
It’s important for every senior to regularly self-assess and make sure that they’re still “safe to drive,” both for their own sake and others on the road. If you do end up in a wreck with a senior, make sure that you fully understand your legal options regarding your injuries and other losses as you may be entitled to compensation.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491172023-11-30T17:46:43Z2023-11-30T17:46:43ZA quick check lasts longer than people think
People underestimate how long it takes to read and respond to a text message. Glancing down at a text message is almost never an instantaneous action. People frequently read the text message and might even attempt to compose a response. Doing so might only take a few seconds, but a few seconds can be enough to cause a crash.
Someone traveling at 55 miles an hour would move the length of a football field in the five seconds it takes them to read over a text message. Obviously, traffic conditions can very quickly shift, and they might not be able to stop in time even though the driver in front of them began slowing seconds before they notice.
In most cases, the driver in the rear will be responsible for a rear-end collision. If the driver in front suspects distraction may have contributed to the crash, they can inform police officers of that suspicion when filing a police report. An investigation may potentially confirm those suspicions and strengthen the claim that the driver in the rear vehicle was the one at fault for the crash.
Recognizing what causes crashes may help drivers demand accountability from those who cause property damage and injuries to others.]]>On Behalf of Dawkins & Gowens Law Firmhttps://www.dawkinslawfirm.com/?p=491162023-11-29T23:23:09Z2023-11-14T23:22:48Z